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What is the validity of triple talaq in India?
06-May-2023 (In Divorce Law)
In Sharia law in India, there are broadly two kinds of talaq:
- Talaq hasan: This consists of 3 pronouncement made during successive tuhrs , no intercourse taking place during any of the three tuhrs. (period during menstruation)
- Talaq al ahsan, which is done by saying a single word 'talaq' 3 times, with an interval of one month every time. The talaq becomes complete when the third time the word 'talaq' is used. No intercourse shall take place during the three tuhr. In case if talaq ahasan and talaq hasan, the husband has an opportunity to reconsider his decision for the talaq, in both cases it does not become absolute until a certain period has elapsed, and the husband has the option to revoke it before then. Where the wife has passed the age of periods of menstruation the requirement of a declaration during a tuhr is inapplicable; furthermore, this requirement only applies to a oral divorce and not a divorce in writing. (chandbi v/s bandesha (Supra) (for your knowledge)
- Triple talaq, or talaqulbiddat, which is done by saying 'talaq' 3 times. So this results in immediate divorce. As a matter of fact, this is the most widely practised method. Talaq ul bidaat becomes irrevocable immediately it is pronounced.
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Adv. Chikirsha Mohanty
Delhi | 200+ Answers
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